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McCORD v. CEPHAS

Nos. 74-1948 and 74-1964.

532 F.2d 1377 (1976)

Edgar McCORD, T/A Mac's Cities Service, Petitioner, v. John F. CEPHAS, Deceased, Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Malinda CEPHAS, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1976.

Attorney(s) appearing for the Case

Robert B. Adams, for petitioner in No. 74-1948. Mark L. Schaffer, Washington, D.C., also entered an appearance for petitioner in No. 74-1948.

Ronald E. Meisburg, Atty., U.S. Dept. of Labor, Washington, D.C., with whom George M. Lilly, Atty., U. S. Dept. of Labor, Washington, D.C., was on the brief for petitioner in No. 74-1964. Cornelius E. Donoghue, Jr., Atty., U.S. Dept. of Labor, Washington, D.C., also entered an appearance for petitioner in No. 74-1964.

Aaron M. Levine, Washington, D.C., for respondents.

Before LEVENTHAL and MacKINNON, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina.

Opinion for the Court filed by District Judge McMILLAN.

McMILLAN, District Judge:

Edgar McCord, employer, filed this petition seeking reversal of an August 16, 1974, decision of the Benefits Review Board of the United States Department of Labor in favor of the dependents of the deceased employee, John Cephas. Pursuant to Section 22 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 922, which permits reopening of awards "because of...

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